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Council tax payment allocation in accordance with R. v Miskin Lower Justices [1953]

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Dear Tunbridge Wells Borough Council,

The Council makes the statement quoted below from the link:
https://www.whatdotheyknow.com/request/a...

"Where a payment is received which does not match any payment due, our system will automatically apply it to the oldest debt "

The council's statement above does not agree with the judgment in the case of R. v Miskin Lower Justices (see below link to the judgment):

http://s000.tinyupload.com/index.php?fil...

The judgment clarifies the position in cases where a creditor has to make a decision as to which account payment should be allocated when a debtor has one account more burdensome for him than another and his payment is unspecified

Clearly the council's statement, if it were to agree with the judgment, would be.....

[[ Where the debtor does not make any reference as to where the payment should be allocated then the creditor must allocate the payment to the account which it is most beneficial to the debtor to reduce. ]]

Q. Where did the council obtain the information regarding the appropriation of payments case law which conflicts with the judgment in R. v Miskin Lower Justices [1953]?

Yours faithfully,

S Staffordson

info (TWBC), Tunbridge Wells Borough Council

This is an automated response to thank you for your e-mail to Tunbridge
Wells Borough Council and to confirm that it will be forwarded to the
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If you have access to the Internet you may wish to see if your enquiry can
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Customer Service Team

Tunbridge Wells Borough Council

Town Hall

Royal Tunbridge Wells

Kent  TN1 1RS

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council on telephone +44 (0)1892 526121 or e-mail to [Tunbridge Wells Borough Council request email].

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FOI (TWBC), Tunbridge Wells Borough Council

2 Attachments

Dear S Staffordson,

Acknowledgement

Our Ref: FOI F08304

Thank you for your recent email which we are handling in accordance with
the Freedom of Information Act 2000. I acknowledge receipt and confirm
that we will respond within 20 working days from the date of receipt; by
no later than 11^th October 2019.

In the meantime, if you have any further queries regarding our Freedom of
Information procedures please contact the team on 01892 554077 or via
e-mail to [1][email address].

 

Yours sincerely

 

 

 

Katherine Reynolds

Corporate Governance Assistant

 

T: 01892 554478

E: [2][email address]

Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS

 

[3]www.tunbridgewells.gov.uk   

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council on telephone +44 (0)1892 526121 or e-mail to [Tunbridge Wells Borough Council request email].

References

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1. mailto:[email address]
2. mailto:[email address]
3. http://www.tunbridgewells.gov.uk/

FOI (TWBC), Tunbridge Wells Borough Council

3 Attachments

Dear S Staffordson,

Re: FOI F08304

Thank you for your Freedom of Information request.

Please find below the response to your recent request. The information has
been provided by our Revenues and Benefits Team.

Response: We do not have a written policy, however, where a payment is
received which does not match any payment due our system will
automatically apply it to the oldest debt irrespective of the recovery
action being taken. If that  debt is currently in the process of another
recovery action E.G Charging order or Attachment of Earnings then then
once identified it will be manually moved to the oldest non-secured debt.

A customer can choose to have the payment applied to a debt with a
recovery action against it so that it can be cleared and the Charging
Order or attachment removed. Such a request would need to be completed in
writing.

Where the value of a payment received equals that of an instalment/amount
owing, the payment will be credited to the relevant matching amount
regardless of to which year that bill relates.  This is in accordance with
the precedence set in the case of R v Miskin Lower Justices 1953

I hope this information is helpful and if there is anything further I can
help with please contact me on 01892 554077 or via email to
[1][email address

If you are dissatisfied with the information provided or the way in which
we have dealt with your request, you can request a review.   Please write
to Patricia Narebor, Head of Legal Partnership and Monitoring Officer at
the Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS or via e-mail to
[2][email address]  requesting a review of the
decision.

We will aim to deal with your request within 20 working days. If you
remain dissatisfied following our review, you can then appeal to the
Information Commissioner.

 

Yours sincerely

 

 

 

Katherine Reynolds

Corporate Governance Assistant

 

T: 01892 554478

E: [3][email address]

Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS

 

[4]www.tunbridgewells.gov.uk   

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council on telephone +44 (0)1892 526121 or e-mail to [Tunbridge Wells Borough Council request email].

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. mailto:[email address]
4. http://www.tunbridgewells.gov.uk/

Dear FOI (TWBC),

Thank you for your reply. Your Revenues and Benefits Team have said that it does not have a written policy and states the following:

"Where the value of a payment received equals that of an instalment/amount owing, the payment will be credited to the relevant matching amount regardless of to which year that bill relates. This is in accordance with the precedence set in the case of R v Miskin Lower Justices 1953."

The request did not ask whether or not the council had a written policy. It asked where the information had been obtained regarding the appropriation of payments case law.

Perhaps here for example:
https://www.whatdotheyknow.com/request/4...

"The amount paid may so obviously relate to a specific liability that it would be an unwarranted assumption to allocate it elsewhere (R v Miskin Lower Justices (1953) 1 QB 533)."

Or here:

The Institute of Revenues Rating and Valuation (IRRV) 10 October 2002 Insight magazine

http://s000.tinyupload.com/index.php?fil...

"Thus, if the amount of the payment identifies the debt, then it must be allocated to that debt."

Yours sincerely,

S Staffordson

FOI (TWBC), Tunbridge Wells Borough Council

2 Attachments

Dear S Staffordson,

Re: FOI F08316

Thank you for your recent request for clarification.

I can confirm that your query has been passed on to the Revenues and
Benefits team who will provide a response shortly.

In the meantime, if you have any further queries regarding our Freedom of
Information procedures please contact the team on 01892 554077 or via
e-mail to [1][email address].

Yours sincerely

 

 

 

Katherine Reynolds

Corporate Governance Assistant

 

T: 01892 554478

E: [2][email address]

Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS

 

[3]www.tunbridgewells.gov.uk   

 

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council on telephone +44 (0)1892 526121 or e-mail to [Tunbridge Wells Borough Council request email].

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.tunbridgewells.gov.uk/

FOI (TWBC), Tunbridge Wells Borough Council

2 Attachments

Dear S Staffordson,

Re: FOI F08304

Thank you for your recent request for clarification.

Please accept my apologies for the incorrect reference number on my
previous acknowledgement.

I can confirm that your query has been passed on to the Revenues and
Benefits team who will provide a response shortly.

In the meantime, if you have any further queries regarding our Freedom of
Information procedures please contact the team on 01892 554077 or via
e-mail to [1][email address].

Yours sincerely

 

 

 

Katherine Reynolds

Corporate Governance Assistant

 

T: 01892 554478

E: [2][email address]

Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS

 

[3]www.tunbridgewells.gov.uk   

 

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council on telephone +44 (0)1892 526121 or e-mail to [Tunbridge Wells Borough Council request email].

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.tunbridgewells.gov.uk/

FOI (TWBC), Tunbridge Wells Borough Council

5 Attachments

Dear S Staffordson,

Re: FOI F08304

Thank you for your recent request for clarification.

I can confirm that we responded, as attached, confirming that we do act in
accordance with the precedence set in the case of R v Miskin Lower
Justices 1953. If you have any further questions please contact me on
01892 554077 or via email to [1][email address] .

If you are dissatisfied with the information provided or the way in which
we have dealt with your request, you can request a review.   Please write
to Patricia Narebor, Head of Legal Partnership and Monitoring Officer at
the Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS or via e-mail to
[2][email address]  requesting a review of the
decision.

We will aim to deal with your request within 20 working days. If you
remain dissatisfied following our review, you can then appeal to the
Information Commissioner.

 

Yours sincerely

 

 

 

Katherine Reynolds

Corporate Governance Assistant

 

T: 01892 554478

E: [3][email address]

Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS

 

[4]www.tunbridgewells.gov.uk   

 

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council on telephone +44 (0)1892 526121 or e-mail to [Tunbridge Wells Borough Council request email].

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. mailto:[email address]
4. http://www.tunbridgewells.gov.uk/

Dear FOI (TWBC),

The following is this time stated:

"I can confirm that we responded, as attached, confirming that we do act in accordance with the precedence set in the case of R v Miskin Lower Justices 1953."

Apparently the council does not act in accordance with the precedence set in the case of R v Miskin Lower Justices, it does the opposite.

Yours sincerely,

S Staffordson

Dear FOI (TWBC),

You have my 11 October email to address and also the fact that my request asked where the information had been obtained regarding the appropriation of payments case law.

Yours sincerely,

S Staffordson

FOI (TWBC), Tunbridge Wells Borough Council

2 Attachments

Dear S Staffordson

 

FOI F08304

 

Your correspondence dated 11 October 2019 advised the following:

 

The following is this time stated:

 

"I can confirm that we responded, as attached, confirming that we do act
in accordance with the precedence set in the case of R v Miskin Lower
Justices 1953."

 

Apparently the council does not act in accordance with the precedence set
in the case of R v Miskin Lower Justices, it does the opposite.

 

Your correspondence dated 27 November 2019 requested where the information
had been obtained regarding the appropriation of payments case law. 

 

In response, the Council does not believe the appropriation of payments
conflicts with the judgement.

 

The purpose of the Freedom of Information Act 2000 is to allow individuals
access to all ‘recorded’ information’.  The guidance from the Information
Commissioner’s Office advises that the Act does not cover requests for
interpretations, to obtain answers from officers to questions raised or to
create new information.  

 

If you are dissatisfied with the information provided or the way in which
we have dealt with your request, you can request a review.   Please write
to Patricia Narebor, Head of Legal Partnership and Monitoring Officer at
the Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS or via e-mail to
[1][email address]  requesting a review of the
decision.

We will aim to deal with your request within 20 working days. If you
remain dissatisfied following our review, you can then appeal to the
Information Commissioner.

 

 

Yours sincerely

 

 

 

Katherine Reynolds

Corporate Governance Assistant

 

T: 01892 554478

E: [2][email address]

Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS

 

[3]www.tunbridgewells.gov.uk   

 

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council on telephone +44 (0)1892 526121 or e-mail to [email address].

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.tunbridgewells.gov.uk/

Dear FOI (TWBC),

"Your correspondence dated 27 November 2019 requested where the information had been obtained regarding the appropriation of payments case law. "

I agree, so why have you interpreted the request to be something else?

Yours sincerely,

S Staffordson

We don't know whether the most recent response to this request contains information or not – if you are S Staffordson please sign in and let everyone know.